In 2006, Vanessa Wilcock sued Elane Photography for refusing to photograph her commitment ceremony with her partner. Consisting of husband and wife team Elaine and Jonathan Huguenin, the company politely declined, stating that it did not photograph same-sex ceremonies.
Wilcock did what any rational person would do and found another photographer willing to work within her parameters. Oh wait, no she didn’t -- she filed a lawsuit against the Christian couple for violating the New Mexico Human Rights Act (NMHRA). For equality!
The court sided with Wilcock, then Elane Photography appealed, and last week, the Court of Appeals of the State of New Mexico upheld the lower court’s decision. Elaine and Jonathan Huguenin were found guilty of unlawfully discriminating against lesbians.
What happened to the right to refuse service?
This is not a civil rights issue; it’s a freedom of religion issue. Like it or not, homosexuality is a lifestyle, whether one is born with the innate desire to live it or chooses it him or herself. Wilcock and her partner were specifically demanding that the couple behind Elane Photography act in a way that is contrary to their belief system.
The Huguenins were not on a crusade to end homosexuality, or petitioning other businesses not to take on gay couples. They only declined to photograph a particular couple because they felt uncomfortable doing so. What business is it of the government’s to decide what articles of faith someone might practice?
Freedom of choice in the country is a fantastic thing. Gay people are no longer forced to live in the shadows of society, hiding their ‘shameful’ secret from friends and family. That doesn’t mean that they have higher status than other people, or that their rights trump anyone else’s.
A person’s rights end where someone else’s begins … except for gay people in New Mexico. Their rights apparently supersede freedom of religion and expression, not to mention the free market.
Image via Annafur/Flickr
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Comments 153
I am sorry, every company has the right to refuse service. If resturants can ban kids, photographers can refuse to take pics. PERIOD, This is nothing more than the government being a damn nanny to the population. The more we involve them, the rights and freedoms we are going to lose.
And here we go again...If conservatives don't like or agree with something they are told to quit complaining and change the channel or take their businss elsewhere. Funny how that doesn't apply to liberals.
In this case the photgrapher declined politely because she did not feel comfortable and I find it really unfair that they have to give up THEIR rights in order to please other people.
I don't have a problem with gay people, but gay people who demand to be treated with superiority and who wish to get their way because they think they can always pull out the bigotry/hate crime card I don't agree with.
In order to be given respect, you must respect others.
Also here we again with a liberal telling us to stop doing something cause they said so.
Well, photographers who work for themselves do choose what they want to photograph and what they don't, but it is still discrimination. Now, personally I would not want someone photographing my wedding who obviously had a problem with me, as they would have had with this couple- it would reflect in the work. But telling the couple they would not photograph a gay wedding because it's a gay wedding is not right. Just like it would not be right to turn away an interracial couple because you were racist- if you have such strong ideals maybe you shouldn't work for the public. Or be more discreet and say you are booked that day. :/